HomeMy WebLinkAbout2016-R-13STATE OF INDIANA
BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE
Resolution No. 2016-R- 15
A RESOLUTION APPROVING AN INTERLOCAL COOPERATION AGREEMENT
WHEREAS, this Common Council of the City of Jeffersonville, Indiana (hereinafter
referred to as the "City Council"), is the legislative body of the City of Jeffersonville, County of
Clark, State of Indiana (the "City"); and,
WHEREAS, this City Council heard from representatives of the South Central Regional
Airport Authority (the "Authority"), and the Board of Commissioners of Clark County, Indiana
(the "County"), at their regular meetings on May 16, 2016, June 6, 2016, and June 20, 2016,
regarding the necessity of securing adequate funding to provide the local match share for grants
by the Federal Aviation Administration to fund the completion of a runway extension project at
the Clark Regional Airport (the "Project"); and,
WHEREAS, the Authority and the County presented a draft interlocal cooperation
agreement for consideration by this City Council at its regular meeting on June 20, 2016, that
would enable the City to participate in providing the local grant match funds necessary to
complete the Project as permitted by the provisions of Ind. Code § 6-3.6-9-17; and,
WHEREAS, this City Council now finds that the interlocal cooperation agreements
should be approved by the adoption of this Resolution in accordance with the provisions of Ind.
Code § 36-1-7-2; and,
WHEREAS, this City Council now adopts this Resolution in order to comply with the
procedural requirements of said statute.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF JEFFERSONVILLE, INDIANA, as follows:
1. Approval of Interlocal Cooperation Agreement. Pursuant to the provisions of
Ind. Code § 36-1-7, et seq., the Interlocal Cooperation Agreement attached hereto as Exhibit
"A" is hereby approved and authorized on behalf of the City.
2. Effect of Veto and Subsequent Override. In the event that this Resolution is
vetoed by the Mayor, either expressly or through the passage of time, and such veto is
subsequently overridden by this City Council in accordance with applicable law, the president of
this City Council shall be authorized to execute the Interlocal Cooperation Agreement on behalf
of the City if the Mayor then fails or refuses to do so.
3. Recordation. In accordance with the provisions of Ind. Code § 36-1-7-6, the
Authority shall record a certified copy of the Interlocal Cooperation Agreement in the office of
the Clark County Recorder promptly following the later of the final adoption of this Resolution
and the approval of the Interlocal Cooperation Agreement by similar resolution adopted by each
party thereto. The Authority shall file a copy of the recorded Interlocal Cooperation Agreement
in the office of the City Clerk promptly after its recording.
4. Adoption of Resolution; Effective Date. This Resolution shall be in full force
and effect following its adoption, unless such date is extended by applicable Indiana law.
SO RESOLVED by this Common Council this aO day of-lon e , 2016.
COMMON COUNCIL OF THE
CITY OF JEFFERSONVILLE, INDIANA
By:
Attested by:
Vicki Conlin, City Clerk
CERTIFICATE OF PRESENTATION TO MAYOR
The undersigned hereby certifies that on the o? / day of f,,{,c/11J_.
2016, the above Resolution was PRESENTED by me, as the duly elected Clerk of the City of
Jeffersonville, Indiana, to the Mayor of the City of Jeffersonville, Indiana.
Vicki Conlin, City Clerk
2
APPROVAL OR VETO BY MAYOR
The undersigned, as of this ZZ day of , 2016, and as the
duly elected Mayor of the City of Jeffersonville, Indiana, hereby takes the hereinbelow described
action regarding the above Resolution as authorized by the provisions of Ind. Code § 36-4-6-16
and as evidenced by my signature affixed below (check below as appropriate):
I hereby APPROVE this Resolution, which approval was entered within ten (10)
days after its presentation by the City Clerk to me.
I hereby VETO this Resolution, which veto was entered within ten (10) days after
its presentation by the City Clerk to me. The reason(s) for this veto are as follows (attach
additional sheets for explanation as necessary):
Note: In the event that no action is taken by the Mayor to either approve or veto this Resolution
within ten (10) days after its presentation by the City Clerk, then this Resolution shall be
deemed as vetoed pursuant to operation of law. The City Clerk shall promptly report any
such veto to the Common Council of the City of Jeffersonville, Indiana, by not later than
its next regular or special meeting following expiration of such period express approval
or veto of this Resolution by the Mayor.
Attested by:
Vicki Conlin, City Clerk
3
oi5-4/•--%
MICHAEL C. MOORE, Mayor,
City of Jeffersonville, Indiana
EXHIBIT "A"
INTERLOCAL COOPERATION AGREEMENT BY AND AMONG THE
(1) THE SOUTH CENTRAL REGIONAL AIRPORT AUTHORITY, (2)
CLARK COUNTY, INDIANA, (3) THE CITY OF JEFFERSONVILLE,
INDIANA, AND (4) THE TOWN OF CLARKSVILLE, INDIANA.
5
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement (hereinafter referred to as this "Agreement") is
made by each of the parties hereto as of the date of their respective resolutions confirming
approval hereof, and with an effective date of June 15, 2016, by and among:
South Central Regional Airport Authority (the "Authority"), with an address of
6003 Propeller Lane, Sellersburg, IN 47172;
Board of Commissioners of Clark County, Indiana, with an address of Clark
County Government Building, Room 404, 501 E. Court Avenue, Jeffersonville,
IN 47130;
Clark County Council (collectively with the Board of Commissioners, the
"County"), with an address in care of the Clark County Auditor, Clark County
Government Building, Room 118, 501 E. Court Avenue, Jeffersonville, IN 47130;
City of Jeffersonville, Indiana ("Jeffersonville"), with an address of Jeffersonville
City Hall, 500 Quartermaster Court, Jeffersonville, IN 47130; and,
Town of Clarksville, Indiana ("Clarksville"), with an address of Clarksville Town
Hall, 2000 Broadway Street, Clarksville, IN 47129.
The County, Jeffersonville, and Clarksville are each also referred to individually hereinafter as a
"Funding Entity", and collectively as the "Funding Entities".
WITNESSETH:
WHEREAS, the Authority was established by ordinance adopted by the County Council
pursuant to the provision of Ind. Code § 8-22-3-4.5 in order to own and operate the Clark
Regional Airport (the "Airport"); and,
WHEREAS, the Authority (as successor in interest to the Clark County Board of
Aviation Commissioners) is engaged in a capital improvement project to extend the length of its
primary runway from 5,500 feet to 7,000 feet that is expected to cost an aggregate of Twenty
Million Dollars ($20,000,000.00) (the "Project"); and,
WHEREAS, the Project is approximately fifty percent (50.00%) complete, and has been
funded in large measure with grants obtained from the Federal Aviation Administration (the
"FAA"), which grants presently provide for ninety percent (90.00%) funding by the FAA, two
and one-half percent (0.025%) funding by the State of Indiana, and seven and one-half percent
(0.075%) local funding; and,
1
EXHJBTT
WHEREAS, in September 2015, the Authority was awarded a grant by the FAA in the
approximate amount of Three Million Eight Hundred Thousand Dollars ($3,800,000.00) to fund
the next stage of the Project (the "$3.8M Grant"); and,
WHEREAS, at present the Authority lacks sufficient funds from which to pay the
estimated Seven Hundred Fifty Thousand Dollars ($750,000.00) in local match requirements for
either the $3.8M Grant or for the subsequent grant(s) that are expected to fund the remainder of
the Project; and,
WHEREAS, during the 2016 legislative session the Indiana General Assembly adopted
Public Law 126 by which each of the Funding Entities expect to receive a one (1) time special
distribution from the State into and through the County's local option income tax trust account
(each a "Distribution"); and,
WHEREAS, Ind. Code § 6-3.6-9-17 provides that each Funding Entity must expend at
least seventy-five percent (75.00%) of its respective Distribution for purposes that include, inter
alia, improvement of the local and arterial road and street system [Subsection (h)(1)(A)(41, or
"capital projects for aviation related property or facilities, including capital projects ... of an
airport authority established under IC 8-22-3" [Subsection (h)(1)(A)(vi)] (the "State Distribution
Funds"); and,
WHEREAS, each Funding Entity believes that the existence, operation, and improvement
of the Airport will benefit all of the citizens of Clark County, as well as each of the governmental
units participating in this Agreement; and,
WHEREAS, each Funding Entity believes that the forfeiture of the $3.8M Grant and/or
failure to complete the Project will operate to the detriment of all of the citizens of Clark County,
as well as each of the governmental units participating in this Agreement; and,
WHEREAS, the Authority and each Funding Entity now make this Agreement pursuant
to the provisions of Ind. Code § 36-1-7, et seq., in order to provide adequate funds for the local
match for the $3.8M Grant and the remaining grant(s) that are expected to fund the completion
of the Project.
The Authority, the County, Jeffersonville, and Clarksville now agree as follows:
1. Duration of Agreement. This Agreement shall be for a term not to exceed ten
(10) years, subject only to extension upon subsequent written agreement of each Funding Entity.
2
2. Purpose of Agreement. The purpose of this Agreement shall be to provide funds
for the local match to FAA grants, including, but not limited to, the $3.8M Grant, as expected to
be reasonably sufficient to complete the Project.
3. Manner of Financing the Joint Undertaking. The joint undertaking of this
Agreement will be financed by appropriations from the Distribution of each Funding Entity as
follows:
a. Promptly following the execution and recordation of this Agreement,
Clark County shall promptly take all actions necessary to appropriate the sum of Two Hundred
Fifty Thousand Dollars ($250,000.00) from its State Distribution Funds to the Authority for
purposes of funding this Agreement.
b. Promptly following the execution and recordation of this Agreement,
Jeffersonville shall promptly take all actions necessary to appropriate the sum of Two Hundred
Fifty Thousand Dollars ($250,000.00) from its Economic Development Income Tax ("EDIT")
funds to the Authority for purposes of funding this Agreement. In the event that it is determined
that Jeffersonville's EDIT funds cannot be appropriated for purposes of funding this Agreement,
Jeffersonville further agrees that it will appropriate such funds from its State Distribution Funds.
c. Promptly following the execution and recordation of this Agreement,
Clarksville shall promptly take all actions necessary to appropriate the sum of One Hundred
Thousand Dollars ($100,000.00) from its State Distribution Funds to the Authority for purposes
of funding this Agreement.
Upon receipt of all such appropriated funds, the Authority shall deposit such funds into an
interest-bearing account maintained at a financial institution with an office in Clark County,
Indiana (the "Account"). Subsequent to such deposit(s) into the Account, the funds in the
Account shall be used only for the purposes, and in strict accordance with the terms, of this
Agreement.
4. Administration of and Maintenance of the Budget for the Joint Undertaking. The
Authority and its staff shall be responsible for administering this Agreement. In so doing, the
Authority may utilize funds in the Account only for payment to the FAA of the local match share
of the $3.8M Grant or any subsequent grant extended by the FAA to fund the completion of the
Project. The Authority shall indemnify and repay each Funding Entity for their pro rata
contribution of any funds that are improperly expended for any purpose not permitted by this
Agreement. In administering this Agreement, the Authority shall provide each Funding Entity
with the following:
3
a. A copy of each monthly statement showing expenditures from, and the
balance of, the Account.
b. A copy of each grant funding request submitted by the Authority to the
FAA, including documentation pertaining to the work to be funded by the request and the
calculation of the local match share then due on account of such request.
c. A copy of the check or funds transfer acknowledgement for each
disbursement from the Account.
The copies of the documents required by this Section 4 shall be provided by electronic mail to
the designated representative of each Funding Entity within twenty (20) days following the
receipt or delivery of such documentation by the Authority.
5. Methods for Accomplishing Complete Termination of the Agreement and
Disposal of Property on Complete Termination. The Agreement shall completely terminate upon
completion of the Project. Any funds remaining in the Account following completion of the
Project (either by the passage of time or following payment of all required local match share
payments for FAA grants to enable completion of the Project), shall be returned to the Funding
Entities on a proportional basis based on their respective appropriations and contributions.
6. Miscellaneous. This Agreement shall become effective only by adoption of a
substantially identical resolution by the Authority and each Funding Entity pursuant to the
provisions of Ind. Code § 36-1-7-2. By entering into this Agreement, the parties do not intend to
create any obligations, express or implied, other than those set forth herein. This Agreement
shall not create any rights in any person or entity not a party or signatory hereto.
7. Additional Funding Requests. Subsequent to the approval and execution of this
Agreement by each of the Funding Entities, the Authority will submit additional funding requests
other private entities and governmental units, including without limitation, the City of
Charlestown and the Town of Sellersburg. Regardless of the extent to which additional funds are
received from such requests, the Authority shall assume the responsibility for obtaining
additional local grant match funds sufficient to complete the Project without further contribution
obligation by any of the Funding Entities. Other governmental units may be added as parties to
this Agreement to reflect any subsequent financial commitment without necessity of approval or
additional action by any of the Funding Entities.
8. Recordation and Filing. Promptly following the approval of this Agreement by
the adoption of substantially similar resolutions by the Authority and each Funding Entity, the
Authority shall (i) record a fully executed copy of this Agreement with the Clark County
Recorder, and (ii) file a fully executed copy of this Agreement with the Indiana State Board of
4
Accounts, pursuant to the provisions of Ind. Code § 36-1-7-6. The Authority shall return copies
of the recorded and filed document to the designated representative of each Funding Entity.
So approved this day of , 2016, by the undersigned
as duly authorized officers of the South Central Regional Airport Authority pursuant to the
provisions of Resolution No.
, 2016.
Attested by:
Kris Brutscher, Secretary
STATE OF INDIANA )
) SS:
COUNTY OF CLARK )
finally adopted on
SOUTH CENTRAL REGIONAL
AIRPORT AUTHORITY
By:
Thomas R. Galligan, President
BEFORE ME, the undersigned, a Notary Public in and for the above-named County and
State, personally appeared Thomas R. Galligan and Kris Brutscher, as the duly authorized
president and secretary, respectively, of the South Central Regional Airport Authority, and
acknowledged the execution of the foregoing agreement on behalf of the Authority as its free and
voluntary act and deed for the purposes therein stated.
WITNESS my hand and Notarial Seal, this day of , 2016.
My Commission Expires:
Resident of County
5
Signature
Printed Name
So approved this day of , 2016, by the
undersigned as duly authorized officers of Board of Commissioners of Clark County, Indiana,
pursuant to the provisions of Resolution No. finally adopted on
, 2016.
BOARD OF COMMISSIONERS
OF CLARK COUNTY, INDIANA
By:
Jack Coffman, President
Attested by:
R. Monty Snelling, Clark County Auditor
STATE OF INDIANA )
) SS:
COUNTY OF CLARK )
BEFORE ME, the undersigned, a Notary Public in and for the above-named County and
State, personally appeared Jack Coffman, as the duly authorized president of the Board of Clark
County Commissioners, and R. Monty Snelling, as the duly authorized Clark County Auditor,
respectively, and acknowledged the execution of the foregoing agreement on behalf of Clark
County as its free and voluntary act and deed for the purposes therein stated.
WITNESS my hand and Notarial Seal, this day of , 2016.
My Commission Expires:
Resident of County
6
Signature
Printed Name
So approved this day of , 2016, by the
undersigned as duly authorized officers of the Clark County Council pursuant to the provisions
of Resolution No. finally adopted on , 2016.
CLARK COUNTY COUNCIL
By:
Barbara Hollis, President
Attested by:
R. Monty Snelling, Clark County Auditor
STATE OF INDIANA )
) SS:
COUNTY OF CLARK )
BEFORE ME, the undersigned, a Notary Public in and for the above-named County and
State, personally appeared Barbara Hollis, as the duly authorized president of the Clark County
Council Board, and R. Monty Snelling, as the duly authorized Clark County Auditor,
respectively, and acknowledged the execution of the foregoing agreement on behalf of Clark
County as its free and voluntary act and deed for the purposes therein stated.
WITNESS my hand and Notarial Seal, this day of , 2016.
My Commission Expires:
Resident of County
7
Signature
Printed Name
So approved this as day of�,� - , 2016, by the
undersigned as duly authorized officers of the City of Jeffersonville, Indiana, pursuant to the
provisions of Resolution No. p7j/(o -R - j3 finally adopted on
a , 2016.
CITY OF JEFf> RSONVILLE, INDIANA
By:
Attested by:
&/1/1
Vicki Conlin, City Clerk
STATE OF INDIANA )
) SS:
COUNTY OF CLARK )
MichaelG. Moore, Mhyor
BEFORE ME, the undersigned, a Notary Public in and for the above-named County and
State, personally appeared Michael G. Moore, as the duly authorized Mayor, and Vicki Conlin,
as the duly authorized Clerk, respectively, of the City of Jeffersonville, Indiana, and
acknowledged the execution of the foregoing agreement on behalf of the City as its free and
voluntary act and deed for the purposes therein stated.
WITNESS my hand and Notarial Seal, this day of , 2016.
My Commission Expires:
Resident of County
8
Signature
Printed Name
So approved this
undersigned as duly authorized
provisions of Resolution No.
Town of Clarksville, Indiana, on
day of , 2016, by the
officers of the Town of Clarksville, Indiana, pursuant to the
finally adopted by the Town Council of the
, 2016.
TOWN OF CLARKSVILLE, INDIANA
By:
Paul Fetter, Town Council President
Attested by:
Robert P. Leuthart, Clerk -Treasurer
STATE OF INDIANA )
) SS:
COUNTY OF CLARK )
BEFORE ME, the undersigned, a Notary Public in and for the above-named County and
State, personally appeared Paul Fetter and Robert P. Leuthart, as the duly authorized Town
Council President and Clerk -Treasurer, respectively, of the Town of Clarksville, Indiana, and
acknowledged the execution of the foregoing agreement on behalf of the Town as its free and
voluntary act and deed for the purposes therein stated.
WITNESS my hand and Notarial Seal, this day of , 2016.
My Commission Expires:
Resident of County
9
Signature
Printed Name